Core Planning Reasoning
The erection of the gate exceeds the 2-meter height limit for Class 5 exemption, and the enclosure of the land constitutes a material change of use from publicly accessible open space to private use which is disqualified from exemption as it contravenes a previous planning condition and involves land habitually open to the public for over 10 years.
Decision Maker's Conclusion
- The erection of a gate in excess of 2m in height constitutes works and development that does not meet the requirements for exemption under Class 5 of Part 1 of Schedule 2 of the Regulations.
- The change of use from publicly accessible open space to private use constitutes a material change of use and is therefore development under Section 3(1) of the Planning and Development Act 2000.
- Exemption for the development is restricted under Article 9(1)(a)(i) as it contravenes a condition of a previous permission (PL06S.113117) and under Article 9(1)(a)(x) as it involves the enclosure of land habitually open to the public for at least 10 years.
Cited Policies (CDP)
South Dublin County Development Plan 2022-2028: Zoned 'open space' objective
Decision Document Summary
This Section 5 referral relates to No. 36 Monastery Crescent, Clondalkin, a mature estate characterized by open-plan gardens. The owner enclosed a grassed area to the side of the dwelling with a gate, pathway, and perimeter of young trees, effectively blocking public access to land zoned as 'open space'. The Inspector determined that the gate, measuring approximately 2.2m, is development and fails the 2m height limit for Class 5 exemptions. Furthermore, the Inspector argued that the transition f...SOURCE PDFOpen Original
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